Not just the Exercise Clause rights, but also the RFRA law rights. But I would bet dollars to donuts that Sotomayor will end up voting against the religious petitioners. She’s just keeping up appearances here by granting the stay — and remember, if she had refused to grant the stay, a majority of the Justices could have granted one anyway. No Justice wants to be humiliated that way, and I’m betting she only did this to avoid just such a humiliation.

Here’s how it works. The Justice “on call” knows how many votes there are for the stay and enters it even if he/she does not plan to vote for it. She has low seniority, hence her having New Years Eve as her day and hence she being the one to grant the stay. It’s not that big a deal that she did it although I hope she has seen the light.

The last minute stay is all part of a coordinated scheme with the WH to temporarily deflect some of the most visible and onerous parts of this thing until they can regroup and find a way to force it through while deflecting the blame.

I wonder if Miley Cyrus got her all liquored up in Times Square and if she has no memory of signing the order. She may have thought she was signing a finding that there is a Constitutional right to twerk.

Norm, this is speculation, of course, but it would not surprise me if this is a area where she climbs off the liberal reservation for a deeply seeded personal conviction.. She was raised Roman Catholic after all..

That said, if she receives the legendary, visceral response that the Left is famous for, her reaction may be a cornerstone of her revenge, as a backlash in other future abrogations from the progressive doctrine.. Can we even think abortion? Naw.. nevermind.. :)

Actually she had the option to deny, grant, or refer to the full court.
If she had really wanted to be a bitch she could have just denied it and it would not have gone to the full court right away.
I think she sees the writing on the wall with regard to the mandate.
She may even be a vote to strike it down, although I wouldn’t put money on it.

56
posted on 12/31/2013 9:45:50 PM PST
by Clump
( the tree of liberty is withering like a stricken fig tree)

I hope she does. And to be honest I hope the left savage her for any religious convictions she may have. Utterly publicly savage her. Because that may be what it takes to wake her and many not totally committed Dems to finally stand up to the communist wing.

Dispite everything I see and know of the left, It still amazes me how easily they bowled over the ‘mainstream’ dems. I mean afterall, most rank and file dems of the Clinton era were demonstrably further right than today’s Republican voters on a number of issues. They didn’t all die off. But they were silenced effectively and still voted communist regardless.

Sorry but that’s not how it works.
Each justice is assigned over a specific Circuit court.
In this case she happens to be over the 10th Circuit.
She’s not on call.
Do a google search of which justices have certain circuits.
I believe Kennedy is over the 9th, or at least he used to be for many years.

58
posted on 12/31/2013 9:55:19 PM PST
by Clump
( the tree of liberty is withering like a stricken fig tree)

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